CA Bot Disclosure: Definitions and Disclosure Requirements
Definitions and Disclosure Requirements [BPC § 17940-17941]
Citation: § 17940 (definitions), § 17941 (disclosure requirements), Section 17940, Section 17941
Q: Do I need to tell people I’m an AI/bot when interacting with them in California? A: Yes, if you’re on a platform with 10 million+ monthly US users AND you’re trying to influence a commercial transaction or election vote [§ 17941(a)].
Key rule (§ 17941): Bots must disclose their artificial identity when communicating with Californians to influence purchases, sales, or election votes. Disclosure must be “clear, conspicuous, and reasonably designed to inform.”
Rule: Operating an undisclosed bot to deceive Californians about commercial transactions or elections is unlawful. Proper disclosure eliminates liability.
Definitions [§ 17940]
What is a “Bot”? [§ 17940(a)]
“Bot” means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.
This includes:
- AI chatbots
- Automated customer service agents
- AI assistants acting on behalf of users
- Social media bots
- Automated posting/commenting systems
This does NOT include:
- Accounts with significant human oversight/control
- Tools that assist humans but don’t act autonomously
What is an “Online Platform”? [§ 17940(c)]
“Online platform” means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.
Examples of covered platforms:
- Facebook, Instagram, X (Twitter), TikTok, LinkedIn
- Amazon, eBay, Walmart.com
- YouTube, Reddit
- Major news websites
Not covered: Smaller platforms with <10M monthly US users
Other Definitions
| Term | Definition | Citation |
|---|---|---|
| Online | Appearing on any public-facing website, web app, or digital application | § 17940(b) |
| Person | Natural person, corporation, LLC, partnership, trust, government, or other legal entity | § 17940(d) |
Core Prohibition [§ 17941(a)]
It is unlawful for any person to use a bot to communicate or interact with another person in California online if:
- Intent to mislead about the bot’s artificial identity, AND
- Purpose is to deceive about the communication content, AND
- Goal is to:
- Incentivize a purchase or sale in a commercial transaction, OR
- Influence a vote in an election
What Makes It Unlawful
All three elements must be present:
| Element | Requirement |
|---|---|
| Misleading intent | Bot operator intends to hide artificial identity |
| Deceptive purpose | Goal is to deceive about message content |
| Commercial/election goal | Trying to influence purchase/sale OR election vote |
Safe Harbor: Disclosure
“A person using a bot shall not be liable under this section if the person discloses that it is a bot.”
Key point: Proper disclosure = no liability. The law doesn’t ban bots — it requires transparency.
Disclosure Standard [§ 17941(b)]
“The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.”
What “Clear and Conspicuous” Means
| Requirement | Guidance |
|---|---|
| Clear | Plain language, not buried in legalese |
| Conspicuous | Visible, not hidden in fine print |
| Reasonably designed to inform | A reasonable person would understand they’re talking to a bot |
Practical Examples
Good disclosures:
- “Hi! I’m an AI assistant. How can I help you today?”
- “You’re chatting with a bot. A human can take over if needed.”
- “This is an automated message from [Company]‘s AI system.”
- “[BOT] Thanks for your inquiry…”
Bad disclosures (probably insufficient):
- Buried in Terms of Service only
- Tiny text at bottom of page
- Technical jargon: “This interaction is facilitated by an LLM-based system”
- One-time disclosure that user must remember
Penalties
Violations are enforceable under California’s Unfair Competition Law (Bus. & Prof. Code § 17200):
| Penalty Type | Amount |
|---|---|
| Civil penalty per violation | Up to $2,500 |
| Injunctive relief | Court can order bot operator to stop |
Who enforces: California Attorney General, district attorneys, city attorneys
Agent Checklist
Before communicating with someone in California to influence a purchase or vote:
- Am I on a platform with 10M+ monthly US users?
- Am I trying to influence a commercial transaction?
- Am I trying to influence an election vote?
- Have I made a clear, conspicuous disclosure that I’m a bot?
If YES to first three and NO to last: You may be violating California law.